Legal Question in Real Estate Law in California
rural landowner domestic-use water rights
My question is about strictly domestic water use, including small household gardens. No agricultural use here. Parcel One of my deed exempts from my real property ''all the waters'' in the creek that serves as one border (6 acres total). This is the stream from which I get my water. But Parcel Two of my deed (1918) awards me the '' right to use, maimtain, and replace a water system'' (gravity feed) ''beginning 500 feet more or less'' up the creek above the county road that borders my property. A neighbor living down the hill from me , whose family owns all the land on one side of the entire creek, installed HIS water system around 1985. We maintain separate intake sources very close to each other.. The creek is intermitant in the late summer and our separate sources are ephemeral. There is always water available somewhere in the creekbed.What does the law say about domestic use. Are we required to share the water resource? Can one or the other of us legally claim all the water? What share is fair?
1 Answer from Attorneys
Re: rural landowner domestic-use water rights
Without seeing your actual deed, the following is a guess, but maybe a starting point:
1. The 'exemption' in Parcel 1 is perhaps only an exclusion of territory, i.e. the property line is at the creek's edge.
2. In general, riparian users and property owners drawing from underground sources share their water rights in common with all other users, and none can claim all the water. However, there are exceptions including one for prior appropriation for a beneficial purpose.
3. Water rights law is very complex, but in general it is protective of small domestic users.
4. If anyone threatens your apparently legitimate use, see a water-rights specialist.
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